Rajasthan

StateCommission

RP/9/2021

Nihal Singh Indusind Bank - Complainant(s)

Versus

Subhan Khan S/o Asalat - Opp.Party(s)

Ajay Tantia

17 May 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

REVISION PETITION NO: 09/2021

 

Nihal Singh authorized signatory IndusInd Bank Ltd. Regional office A-1A-2, Umrao Commercial Complex, M.I.Road, Jaipur.

Vs.

Suban Khan s/o Sh. Ashalat r/o village Gulpada, Tehsil Nagar, Distt. Bharatpur.

 

Date of Order 17.5.2022

 

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Ramphool Gurjar- Member

Hon'ble Mrs. Shobha Singh- Member

Present:

Mr. Ajay Raj Tantia learned counsel for the revisionist

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

2

 

On 3.3.2022 learned counsel for revisionist had submitted that the original complaint filed by the complainant wherein the interim order in favour of complainant was passed and for the non-compliance of same the proceedings u/s 72 of the C.P.Act, 2019 was initiated, has been disposed of/ withdrawn on the basis of mutual settlement/agreement between the parties. This Commission has directed the revisionist to file copy of the final order in the complaint filed by the complainant. Today the learned counsel Mr. Ajay Raj Tantia has filed an application for withdrawal of complaint by the complainant/ non-revisionist Suban Khan and also another application for calling the file prior to the date fixed on 30.3.2022 and disposed of the complaint as withdrawn. He has also filed the copy of the final order passed by the learned District Commission, Bharatpur.

 

As per the order dated 25.1.2022 the record of the complaint was called for by the learned District Commission and on being filing no objection by the learned counsel for the opposite party, while granting the permission to withdraw the complaint, the complaint matter was disposed of as not pressed.

3

 

Learned counsel now submits that since the original complaint has been withdrawn as such the interim order dated 21.9.2020, for the non-compliance of which proceedings u/s 72 of the C.P.Act, 2019 was started has become obsolete therefore, the cognizance order dated 12.8.2021 deserves to be set aside.

 

Having pondered upon the submission of learned counsel for the revisionist and perusing the withdrawal application and the final order of the learned District Commission, Bharatpur regarding complaint, we deem it proper to set aside the cognizance order dated 12.8.2021 as such the revision is hereby allowed and the impugned order dated 12.8.2021 is hereby quashed.

 

Let the revision be consigned to record.

 

(Shobha Singh) (R.P.Gurjar) (A.K.Chatterjee)

Member Member Acting President

 

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